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101Douglas Joel Butler 1957-1991Proceedings and Addresses of the American Philosophical Association 65 (5). 1992.APA Memorial Minutes.
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52Law and DisagreementPhilosophical Review 110 (4): 611. 2001.The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.
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64Three duties to rescue: Moral, civil, and criminal (review)Law and Philosophy 19 (6): 751-779. 2000.No Abstract
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67Practical Rationality and Preference: Essays for David Gauthier (edited book)Cambridge University Press. 2001.What are preferences and are they reasons for action? Is it rational to cooperate with others even if that entails acting against one's preferences? The dominant position in philosophy on the topic of practical rationality is that one acts so as to maximize the satisfaction of one's preferences. This view is most closely associated with the work of David Gauthier, and in this collection of essays some of the most innovative philosophers working in this field explore the controversies surrounding…Read more
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1Jean Hampton, Hobbes and the Social Contract Tradition Reviewed byPhilosophy in Review 8 (3): 94-96. 1988.
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235. Private Right III: Contract and ConsentIn Force and freedom: Kant's legal and political philosophy, Harvard University Press. pp. 107-144. 2009.
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2David Miller, Market, State, and Community: Theoretical Foundations of Market Socialism Reviewed byPhilosophy in Review 11 (4): 278-279. 1991.
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Moral, Social, and Political Philosophy Phl 277yCustom Publishing Service, University of Toronto Bookstores. 1999.
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11The Jurisprudence Annual Lecture 2015—Means and EndsJurisprudence 6 (1): 1-23. 2015.Legal doctrine often focuses on means rather than ends. In an action for breach of contract, the court asks only whether promisor performed as promised, and takes no account of what either promisor or promisee expected to gain by the transaction. The criminal law inquires into how the criminal was trying to accomplish some purpose, not what the purpose was. Most crimes are committed to get money, a purpose of which the law otherwise approves. This focus on means is often said to be superficial, …Read more
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62Law students are usually told that the purpose of damages is to make it as if a wrong had never happened.3 Although torts professors are good at explaining this idea to their students, it is the source of much academic perplexity. Money cannot really make serious losses go away, and it seems a cruel joke to say that money can make an injured person “whole.” Worse still, if money could make an injured person whole, injuring someone and then paying them seems just as good as not injuring them at a…Read more
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10Kant and the circumstances of justiceIn Elisabeth Ellis (ed.), Kant's Political Theory: Interpretations and Applications, Pennsylvania State University Press. 2012.
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1Self-certification and the Moral Aims of the LawCanadian Journal of Law and Jurisprudence 25 (1): 201-217. 2012.In Legality, Scott Shapiro introduces what he calls the “Planning Theory of Law.” Shapiro introduces the idea of a plan with examples from outside of the law. He then must provide an account of what is distinctive about law, such that the other plan-based social orders are not also legal systems. He gives two answers: first, a legal system is organized by a moral aim. Second, a legal system is self-certifying. I examine these in turn, and argue that each can only characterize what is distinctive…Read more
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62Law and Morality: Readings in Legal PhilosophyUniversity of Toronto Press. 2001.Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.
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2In an Age of Mass TortsIn Gerald J. Postema (ed.), Philosophy and the Law of Torts, Cambridge University Press. pp. 214. 2001.
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68Ronald Dworkin (edited book)Cambridge University Press. 2007.Ronald Dworkin occupies a distinctive place in both public life and philosophy. In public life, he is a regular contributor to The New York Review of Books and other widely read journals. In philosophy, he has written important and influential works on many of the most prominent issues in legal and political philosophy. In both cases, his interventions have in part shaped the debates he joined. His opposition to Robert Bork's nomination for the United States Supreme Court gave new centrality to …Read more
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1810. Public Right IV: PunishmentIn Force and freedom: Kant's legal and political philosophy, Harvard University Press. pp. 300-324. 2009.
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Philosophy of Tort LawIn Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law, Oxford University Press. 2002.
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29Wise Choices, Apt Feelings: A Theory of Normative JudgmentPhilosophical Review 101 (4): 934. 1992.
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1Jean Hampton, Hobbes and the Social Contract Tradition (review)Philosophy in Review 8 94-96. 1988.
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18For Love of Country: Debating the Limits of Patriotism Martha Nussbaum and respondents Boston: Beacon Press, 1996, viii + 154 pp., $15.00 paper (review)Dialogue 37 (4): 851-. 1998.